South Carolina § 16-11-312 Burglary; second degree.

South Carolina Statutes

§ 16-11-312 — Burglary; second degree.

South Carolina § 16-11-312

Title 16CRIMES AND OFFENSES

Ch. 11OFFENSES AGAINST PROPERTY

This text of South Carolina § 16-11-312 (Burglary; second degree.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 16-11-312 (2026).

Text

(A)A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein.

(B)A person is guilty of burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either:

(1)When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:

(a)Is armed with a deadly weapon or explosive; or (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the use of a dangerous instrument; or (d) Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or (2) The burglary is committed by a person with a prior re

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(A) A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein. (B) A person is guilty of burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either: (1) When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: (a) Is armed with a deadly weapon or explosive; or (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the use of a dangerous instrument; or (d) Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or (2) The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or (3) The entering or remaining occurs in the nighttime. (C)(1) Burglary in the second degree pursuant to subsection (A) is a felony punishable by imprisonment for not more than ten years. (2) Burglary in the second degree pursuant to subsection (B) is a felony punishable by imprisonment for not more than fifteen years, provided, that no person convicted of burglary in the second degree pursuant to subsection (B) shall be eligible for parole except upon service of not less than one-third of the term of the sentence.